Is the wife of an accused child rapist and murderer partially responsible for her ex's alleged crimes? That's the question now before the Vermont Supreme Court. "The allegation is that she failed to exercise reasonable care," attorney Paul Perkins told Vermont's five Supreme Court justices.

Denise Woodard, the aunt of 12-year-old Brooke Bennett, is under fire from the girl's father, Jim Bennett. Perkins, Bennett's lawyer, argued that Woodard failed to protect her niece from her husband, Michael Jacques. Jacques had past convictions for sex crimes including rape. "She should have known, in other words, that Mr. Jacques posed a risk of harm to her niece," Perkins said.

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Jacques is now awaiting federal trial, charged with kidnapping, raping, and killing Brooke Bennett in June 2008. A capital murder conviction in this case could mean the death penalty, a rarity in Vermont.

The initial missing persons call generated Vermont's very first Amber Alert and a huge manhunt. The girl's body was found close to Jacques' home, and that grim discovery inspired mourning around the state. Ultimately, the killing of Brooke Bennett led to stricter Vermont laws against people who harm kids.

Tuesday's argument before the Vermont Supreme Court, separate from the federal allegations against Jacques, deals only with the aunt's alleged negligence to protect the girl. It is an appeal. A lower court ruled that the aunt's homeowners' insurance policy did not have to pay benefits to Brooke Bennett's family.

The Co-Operative Insurance Company insists its accident policy never protected against intentional sex crimes, and says the aunt is not to blame for the tragedy. "There's clearly no contention that Ms. Woodard's negligence, standing alone, would have caused this harm to that young girl," insurance company attorney Robin Cooley told the justices.

The Vermont Supreme Court has a goal of issuing a ruling within 90 days of hearing the cases before it.

Tuesday's hearing was held in Middlebury, as opposed to the high court's typical home base of Montpelier. The move was something of a "field trip" to improve the public's access to the Vermont Supreme Court.